Domestic violence claims, fully investigated and substantiated, can significantly impact child custody cases in California courts. While California law encourages both parents to play a role in their child’s life and maintain the ability to make decisions for them, the premise of putting the child’s best interests first remains.
In addition, if one parent has accusations against the other, the judge must consider those accusations and align child custody and visitation in a way that protects the child. False allegations can cause a judge to be less trusting of the parent making those decisions.
For those reasons, it is critical to retain a Sherman Oaks child custody attorney to help you determine the best possible legal strategy for presenting your case.
California Laws on Domestic Violence and Child Custody
Under Cal. Fam. Code § 3020, child custody must focus on the health, safety, and welfare of the children beyond any other factor. Children have the right and expectation to be free from abuse levied against them. And, this law also makes it clear that they have the right to live in an environment where no domestic violence occurs that is detrimental to the child’s well-being.
As such, a judge must consider the circumstances related to the domestic violence claims when making decisions about child custody or visitation rights, based on what is in the best interest of the child. A parent with a history of abuse against others, including the following, could negatively impact their ability to secure custody:
- Any child related to the parent, including a stepchild or any child that has been in the parent’s care, even for a short amount of time
- The child’s other parent
- Someone living within the household
- Someone with a dating relationship with the parent
- The parents’ own parent
Judges will look at the amount of contact the child has with both parents, the nature of the relationship, and whether or not one parent has left the family household because of threats of domestic violence against them.
Could a Parent with a History of Domestic Violence Get Custody?
It is possible for a parent to gain custody of a child in some situations, however, this is a very individual application of the law. In situations where the court has found that the parent engaged in any form of domestic violence or abuse in the last five years against any of the victims noted, the law implies that it is not in the best interest of the child for that parent to receive joint or sole physical or legal custody.
There are some situations where the parent may try to overcome this denial of custody. For example, in some situations, the parent may complete a batterer’s treatment program, parenting classes, and substance abuse counseling, if applicable, to support their desire to obtain joint custody. The court may also take into consideration probation and whether the individual is subject to a restraining order when making such decisions.
Unsure What Could Happen in Your Case? We Can Help You
Set up a consultation with a child custody lawyer in Sherman Oaks now to learn more about your rights in child custody matters in California. These laws are complex, and there are many situations where there is no clear, simple answer. Our goal is to help you protect your child.